Central New York Injury Lawyer Blog

Construction Accidents Are Often Caused By Greed, Recent Case Demonstrates

September 1, 2015 | by Michael Bersani

Back in 2008 a crane collapse in New York City made headline news. The huge tower crane had plummeted from an impressive height in a densely populated area of the city, causing unprecedented human and property destruction. The case was of special interest to me as a Central New York construction accident lawyer. We don’t usually have cranes that big up here, but the dangers and risks of construction work are similar.

When something like that happens, you know someone was careless or negligent. A crane does not collapse without a reason. Someone failed to build it right, or to maintain it, or to use it properly. The only real question is who.

Usually in a case like this, several possible culprits point fingers at each other (the manufacturer, the maintenance service company, the operator, etc.). This case was no exception. The owner of the crane pointed toward the crane operator for hoisting a load that “was too heavy”. The operator – who was one of the injured plaintiffs — blamed the crane owner for repairing the crane with a defective bearing he knew or should have known would eventually fail.

New York Judge Denies Request to Extend Legal Rights to 2 Chimps

August 30, 2015 | by Michael Bersani

I blogged about this case before when the judge granted the monkeys a hearing. But I find it fascinating and wanted to post an update.

In a case watched closely by animal rights activists, a State Supreme Court judge in Manhattan recently denied a petition by a not-for-profit animal rights group seeking to free a pair of chimpanzees, Hercules and Leo, being held at a state university on Long Island.

The petition sought a writ of habeas corpus (a time-honored process of challenging imprisonment as unlawful) for the chimps. The group argued that the animals are so genetically superior to other animals and so similar to humans (they share 99% of DNA with humans) that they should be deemed “human” at least to the extent that they should not be locked up without good cause. Expert affidavits were submitted attesting to the monkeys’ language prowess, intelligence, and personalities. Among other human-like traits, chimps have a keen sense of self-awareness (they recognize themselves in a mirror).

Award In NY Personal Injury Cases Can’t Be Tied To Ethnicity, Judge Rules

August 28, 2015 | by Michael Bersani

They say that justice is blind, but anyone who believes that is truly blind. Examples of inherent bias in our judicial system abound. For example, blacks get the death penalty and heavy sentences far more often than whites for the same crimes. Poor people – who can’t afford a “dream team” of lawyers and instead rely on assigned counsel — have far less success in court than their wealthier “lawyered up” counterparts.

And unfairness does not plague just our criminal justice system. Our civil justice system is also contaminated with it. Although statistics are not available locally, it is common belief among the local bar in Central New York that if you are black, poor, excessively overweight or just plain ugly, you are likely to get a smaller money award in your New York personal injury or medical malpractice case than if you are white, well-off, thin and good-looking. That’s why most competent personal injury trial lawyers will talk to a jury – in the jury selection process – about these prejudices, and try to weed out of the jurors who are more likely affected by them.

Like it or not, judges and juries are just regular people with regular prejudices. But courts – and your lawyer – nevertheless have a duty to try to combat them – to even out the scales of justice. A recent case illustrates this.

Driver-less, Crash-less Cars Will Transform Our Economy: Central NY Injury Lawyer Explains.

August 27, 2015 | by Michael Bersani

I have blogged about the new driver-less automated cars before, and how they will dramatically reduce car crashes and fatalities. This future is not far off. The first true self-driving vehicles are expected before the end of the decade. A fleet surpassing 50% of all vehicles on the road could be here within 20 years.

We will be much better off with them for sure! But what I never really considered – until I read a recent article – was the profound effect driver-less cars will have on our economy. That’s what I’ll consider in this blog post.

To recap about driver-less cars, human driven cars will soon be going the way of the horse and buggy. An automated self-driving fleet of vehicles will almost certainly replace the current human-driven one within the next 25 years. The new fleet will have many advantages over the present one, but one of the most notable is that they will hardly ever crash. A study by the Center for Automotive Research (CAR) predicts that a self-driving fleet could eliminate 93 percent of crashes attributed to human error. This means, among other things, that we will be able to drink ourselves senseless without worrying about criminal penalties of “driving” drunk.

All Four Michaels Bersani Kalabanka Lawyers Selected For The 2016 “Best Lawyers in America” Directory.

August 26, 2015 | by Michael Bersani

Modesty gets you nowhere. Sometimes you have to toot your own horn. (Just ask Donald Trump . . .). And today we are doing just that:

We proudly proclaim that all four Michaels Bersani Kalabanka Lawyers – Lee Michaels, Jan Smolak, Michael Bersani and David Kalabanka — were selected by their peers to be listed in a national directory of top-rated attorneys, “Best Lawyers in America”, for 2016. They were listed in the categories of “plaintiffs’ personal injury law” and “products liability law”.

The inclusion in Best Lawyers is limited to the best of the best — based entirely on peer-review (lawyers rating lawyers). According to the Best Lawyers publishers, the way they select lawyers to be listed

“Trucks Are Killing Us”, says NY Times and Central NY Injury Lawyer

August 25, 2015 | by Michael Bersani

Just read a New York Times op-ed piece titled “Trucks Are Killing Us”. As Syracuse NY trucking accident lawyers, we already knew that. And we also knew that truck-accident fatalities are increasing at the same time as car fatalities are decreasing. That’s because trucks are getting bigger and heavier, and their drivers are not getting any better. And that puts all of us who are on the road in danger.

We’re on the road – so to speak – to a major national trucking accident crisis. And what is congress doing about it? Making matters worse! Here are some of the things Congress has done according to the article:

trimmed back well-considered safety improvements ordered by federal regulators, including, for example, a rule that allowed truck drivers to work only 70 hours a week (the new rule allows for 82 hours);

New Technology Keeps Swimmers Safe, Says CNY Injury Lawyer

August 23, 2015 | by Michael Bersani

At Michaels Bersani Kalabanka, we’ve seen our share of drowning cases. Usually they involve children too young to know how to swim. In fact, besides car accidents, drowning is the leading cause of death for children under 12 years old.

Cars have seat belts, and there are helmets for bikes, but what is there to protect children and others from the dangers of drowning? Life jackets you say? What child wants to wear those bulky things on the beach or near the pool? Enter “Kingii“. It looks like a large bracelet. It sports a rectangular pouch loaded with carbon dioxide. It weighs less than five ounces and is about the size of a smartphone. It costs only $79. In trouble in the water? Just tug on the bracelet and – voila – a CO2 cartridge inflates a hidden orange flotation device. This device works well for both children and adults.

Check out this video to see how it works:

New York’s Highest Court Grants Dog Owners Impunity For Releasing Dogs Into Traffic.

June 12, 2015 | by Michael Bersani

I have a love/hate relationship with dogs. I love my dog, but I hate dogs who chase me on my bike or who snarl at me on my runs. When I go bike riding out on the country roads near Geneva, NY where I live, I even carry a small pepper spray canister to defend myself from man’s best friend.

Yes, I protect myself from “unleashed” dogs. But unfortunately, New York State negligence law does not. Believe me. As a NY personal injury lawyer who handles dog bite / attack cases, I know first hand!

The problem in New York – unlike in other states – is that to hold a dog owner liable for injuries, you need to show the owner knew or should have known the dog had “vicious propensities”. If you do, the owner is “strictly” liable to you for your injuries. That’s all well and good where a dog with a history of biting or attacking bites you, but not much else.

Girl Hit By One Car And Then Run Over By Another In Auburn, NY

June 9, 2015 | by Michael Bersani

I was glad to read in the news today that the condition of a 15-year-old girl who was struck on Monday by one car and then run over by another, in Auburn, New York, has improved. The girl’s condition has been upgraded from “life-threatening” to “fair” at Upstate University Hospital, according to police.

It doesn’t surprise me that this accident happened on Grant Ave, one of the busiest — and most accident prone – roads in all of Cayuga County. We have represented many car accident victims who were hit on that busy arterial. The posted speed limit is rarely obeyed there — motorists are in a hurry, rushing between Auburn and Syracuse and all the places in between.

The girl was trying to cross Grant Ave in a rain storm shortly after 9 p.m., near the Metro Mattress store. She was apparently trying to reach the MacDonald’s on the other side of Grant Ave. A driver trying to make a left turn from Grant onto McIntosh Drive struck her. Then, to make matters much worse, a second car ran over her as she lay in the road.

“Treat’m Right And They Won’t Sue Ya”: CNY Injury Lawyer Advice To MD’s (And JD’s)

June 7, 2015 | by Michael Bersani

Yet another study, reported yesterday in the New York Times, indicates that so called “defensive medicine” — ordering extra tests and performing extra procedures in an attempt to avoid getting sued for malpractice — doesn’t reduce the number of lawsuits. What does drastically reduce medical malpractice claims (besides being a careful and good doctor) is being a GOOD COMMUNICATOR with the patient. That’s because patients rarely sue doctors they like, who treat them with kindness, and who listen to them. Doctors who are liked – because they connect well with the patient — can make mistakes that will often be forgiven. But the same patient wouldn’t think twice about slapping a lawsuit on a cold, distant, non-listening doctor.

I have not seen any similar studies for the legal profession, but it would make perfect sense that lawyers who communicate well with their clients are less likely to get sued. So, fellow lawyers, treat your clients right, listen to them, take the time to explain things to them, joke with them – in sum, win their love! That’s the best malpractice insurance you can buy – and it’s free!

Keep safe!